Yes, I think that's one of her main goals, if she represents herself throughout this phase and isn't given the highest punishment (DP) she will use that in her appeal that, given effectual counsel, she should have also been given a lesser conviction (2nd degree) with no life sentence or DP eligibility. I don't believe an appeals court can change a conviction, but she could gain a new trial out of it.
She may appeal three things: a guilty verdict, an order denying a motion for new trial ( and she had loads of those, I think :scared
, or an illegal or excessive
sentence from what I remember from my research. (I could look it up if you want geevee, to be sure), but not right now as I have to do some chores that are hanging over my head. :floorlaugh:
The only person who wouldn't be able to appeal is ones who have entered a plea of "guilty" or "no contest".
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I'm back and found what she can appeal (but I left out other things- jury misconduct, legal errors):
"...Criminal defendants who were convicted by a judge or jury at trial, however, have an absolute right to appeal their convictions. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence....
Grounds for Appeal
Potential grounds for appeal in a criminal case include
legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless. A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel. Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendants must typically prove that but for their counsel's actions, the outcome of the case would have been different..."
http://www.justia.com/criminal/criminal-appeals/
Overview of Appeals process:
Appealing a Court Decision or Judgment
"Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding almost all types of civil cases. Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law....
An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence...."
http://litigation.findlaw.com/filing-a-lawsuit/appealing-a-court-decision-or-judgment.html
Appeals of Criminal Cases:
Q. May I appeal my conviction?
A. Usually a person convicted at a trial has the right to appeal the conviction at least once.
(There are very few grounds for appeal if the defendant pleaded guilty.)
On appeal, the defendant can raise claims that mistakes were made in applying and
interpreting the law during the trial. For example, the defendant might claim that the judge
erroneously admitted hearsay testimony, gave improper jury instructions, should not have
permitted the prosecution to use evidence obtained in violation of the defendant's constitutional
rights, or permitted the prosecution to make improper closing arguments. If the appellate court
agrees that there were significant errors in the trial, the defendant will get a new trial.
Q. What if the law changes after a court convicts me?
A. If a court convicted you for something that is no longer a crime, you might be able to have
your conviction overturned. This also might be possible if a trial court denied you a right that the
U.S. Supreme Court later rules is guaranteed by the U.S. Constitution. However, your rights will
depend on whether the new rule or law is retroactive, that is, applied to past court decisions. As
a general rule, a change in the law would be retroactive to your criminal case if the case has been
appealed but not resolved at the time the law is changed. If, on the other hand, your case on
appeal has been resolved, the change in the law would not be retroactive to your case, unless the
change is one that directly enhances the accurate determination of your guilt or innocence..."
http://www.americanbar.org/content/...ical/books/family/chapter_14.authcheckdam.pdf
"APPEALS/POST-CONVICTION RELIEF (PCR)
After sentencing the two main avenues for a defendant to challenge the prosecution, conviction and sentence are appeals and petitions for post-conviction relief (PCR).
An appeal is a formal request from the defendant and/or the defendant’s attorney asking for an appellate court to review the case to determine if all of the defendant’s rights were observed and that the procedures and laws were followed. Depending on the type of appeal, either the Maricopa County Attorney’s Office or the Arizona Attorney General’s Office will handle it on behalf of the State. Cases on appeal are reviewed in writing. In some cases, oral arguments are heard by the Court. The testimony of the victims and witnesses is not allowed.
Any person who has been convicted of or sentenced for a criminal offense may file a PCR if they believe the conviction or sentence was in violation of the U.S. or Arizona Constitution; the Court was without jurisdiction to render judgment or impose sentence; the sentence imposed exceeded the maximum allowed by law; the person is being held in custody after the sentence imposed has expired; newly discovered material facts exist that may have changed the outcome; or if there has been a significant change in the law that applies to the defendant..."
http://www.maricopacountyattorney.o...prosecution/adult-criminal-trial-process.html
